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(영문) 수원지방법원 2017.12.11 2017노6703
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence imposed by the court below on the defendant (ten months of imprisonment).

2. Each of the crimes of this case is deemed to have acquired money worth KRW 40 million by forging a letter of performance and a loan certificate under the name of the deceased and a notice of the result of the disposition of the damage case, which is an official document, by using it for the crime of fraud against the victim, and thus, the crime is not likely to be committed in light of the content and result of each crime, and the nature and planning of the crime.

In addition, the damage caused by the instant fraud was not recovered.

On the other hand, however, when the defendant was in the first instance, he was aware of his wrong and went against his will, and only the defendant was subject to criminal punishment once prior to ten years.

In addition, the defendant deposited 8 million won in total for the victim.

Considering the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too unfasible and it does not seem unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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